S.L. 399.48 Art. 73Availability of universal service.

(1) The Authority may establish, taking into account the results, where available, of the geographical survey conducted in accordance with regulation 17(1) to (5) and any additional evidence where necessary, that the availability at a fixed location of an adequate broadband internet access service as defined in accordance with regulation 71(3) and of voice communications services cannot be ensured under normal commercial circumstances or through other potential public policy tools in Malta or different parts of Malta. In doing so the Authority may impose appropriate universal service obligations to meet all reasonable requests by end-users for accessing those services in the relevant parts of Malta.

(2) The Authority shall determine the most efficient and appropriate approach for ensuring the availability at a fixed location of an adequate broadband internet access service as defined in accordance with regulation 71(3) and of voice communications services, whilst respecting the principles of objectivity, transparency, non-discrimination and proportionality. In doing so the Authority shall seek to minimise market distortions, in particular the provision of services at prices or subject to other terms and conditions which depart from normal commercial conditions, whilst safeguarding the public interest.

(3) The Authority may impose obligations to ensure for end-users the availability at a fixed location of an adequate broadband internet access service as defined in accordance with regulation 71(3) and of voice communications services. In doing so the Authority may designate one or more undertakings to guarantee such availability throughout Malta:

Provided that the Authority may designate different undertakings or sets of undertakings to provide an adequate broadband internet access service and voice communications services at a fixed location or to cover different parts of Malta.

(4) When the Authority designates undertakings in any part or in all of Malta to ensure availability of services in accordance with AND SERVICES (GENERAL)

sub-regulation (3), it shall use an efficient, objective, transparent and non-discriminatory designation mechanism, whereby no undertaking is excluded from being designated. Such designation methods a priori shall ensure that an adequate broadband internet access service and voice communications services at a fixed location are provided in a cost-effective manner and may be used as a means of determining the net cost of the universal service obligations in accordance with regulation 76.

(5) When an undertaking designated in accordance with sub-regulation (3) intends to dispose of a substantial part or all of its local access network assets to a separate legal entity under different ownership, it shall inform the Authority in advance and in a timely manner, in order to allow the Authority to assess the effect of the intended transaction on the provision at a fixed location of an adequate broadband internet access service as defined in accordance with regulation 71(3), and of voice communications services:

Provided that the Authority may impose, amend or withdraw specific obligations in accordance with regulation 7(2).